How Domestic Violence Affects a Texas Divorce Case

 Posted on November 28, 2023 in Divorce

Domestic violence affects families in different ways, but each one can leave a lasting impression in the minds of those who suffer it. Unsurprisingly, bouts of consistent family violence can lead to the filing of divorce papers in an attempt to break free from the cycle. But what can a history of domestic violence do for your divorce case? Look to hire an experienced Texas divorce attorney. One that can provide all the answers to your divorce and family law questions.

How Does Texas Define Domestic Violence?

In Texas, domestic violence is considered an act committed by a family or household member with intent to deal physical bodily harm, bodily injury, assault, or the threat of harm. In this definition, family and household refer to:

• Blood relatives
• Spouse or former spouse
• Parents who share the same child
• Foster children
• Foster parents
• Roommates
• Previous lovers involved in a romantic relationship (“dating relationship”)

Grounds For Divorce

Texas is both a no-fault and at-fault divorce state. Though domestic violence is not specifically named as a grounds for divorce, cruelty is listed. The Texas Family Code may allow anyone who has been mistreated so poorly in their marriage that living together is no longer possible a chance to be granted a divorce. This includes physical, mental, or emotional abuse. You must present evidence to the court that domestic violence has taken place for it to be used as grounds for a divorce. Texas is also a no-fault divorce, so grounds are not technically necessary to file for a divorce. However, domestic violence does have an impact on divorce proceedings.

Abuse Can Expedite The Waiving Period

Survivors of domestic violence can ask a judge to waive the typical 60-day waiting period for a final judgment. For this to take place:

• The accuser must have filed for a restraining order or protective order against the alleged abuser
• The abuser or other members of the household must have been convicted of domestic violence

Accusers who have been threatened with violence by their spouse or are worried about immediate danger toward them or their children can seek a temporary emergency protective order or temporary ex parte order. The alleged abuser does not have to appear in court for a judge to hand out this order. The order can last up to 20 days and be extended for 20 days upon request. During this period, a hearing should occur to receive a final protective order that can last up to two years.

Domestic Violence’s Effect On Child Custody and Property Division

Texas law prohibits a judge from giving an abuser with a history of violence joint conservatorship over their children. They may also not receive sole possession of a child if any abuse of that child has occurred within the last two years.

Though Texas is a community property state, exceptions can be made to the standard 50/50 split in the event of domestic violence. The division is ultimately up to the judge’s discretion, but an uneven split in favor of the abused is not uncommon.

Contact a Tarrant County, TX Divorce Attorney

Domestic violence is a nasty occurrence that can tear families apart. For anyone suffering abuse from a spouse, first seek safety, then contact a Hurst, TX divorce and domestic violence lawyer immediately. No one should have to go through a cycle of abuse. Reach out to Daniel R. Bacalis, P.C. at 817-498-4105 for a free consultation and a compassionate ear toward your case.